Original B/L

Whether bill of lading is provided with the following functions or characteristics:

(1)It is a receipt of goods. ( ) Yes/( ) No

(2)It is a contract of carriage. ( ) Yes/( ) No

(3)It is a document of title. ( ) Yes/( ) No

(4)It is a negotiable document. ( ) Yes/( ) No

(5)It may control the delivery of the goods. ( ) Yes/( ) No

(6)Type of delivery is that carrier or his agent will deliver the goods against one original B/L. ( ) Yes/( ) No

(7)It would enable a buyer to sell the goods in transit by transferring B/L to a new buyer. ( ) Yes/( ) No

Complaints caused by not delivering according to the time and quantity

In the fall of 2006 ,one of our trading companies concluded a substantial rice business with an old customer in Africa. The terms of delivery are : shipment is to be made in equal monthly lots beginning from December,2006 to June,2007 and payment is to be made by irrevocable letter of credit 60 days after the date of the bill of lading. The customer established the L/C in time and all particulars of the rice, such as the name , specifications , unit price,total price and total quantity are in conformity with the contract. But the terms of shipment only stated " the latest date of shipment is June 30 ,to be shipped in several lots".

The staff in our trading company made the first shipment in December according to the quantity stated in the contract. However in order to export more and eam more foreign exchange earlier, they advanced the time of shipment regardless the shipment terms stipulated in the contract. In January 2007 , our company shipped the quantity of the first quarter once , and in February made the third shipment for the rest quantity that should be delivered in the second quarter, since our staff had not found any specifications "shipment is to be made in equal lots" in the L/C. At the same time our bank negotiated against presentation of the stipulated documents and subsequently asked the opening bank to pay for the goods. The opening bank examined the L/C and confirmed that the L/C had no error in it.

After receiving the shipping advice, the African customer found that the delivered quantity of the rice both in the second lot and third lot were not in accordance with the shipment terms stipulated in the contract, so a claim was filed by the customer against our trading company for default shipment. The amount claimed involved the added fees of chartering warehouse for the delivered goods, the interest and other charges etc. The two parties negotiated the compensation for several times, finally our company accepted the opposing party's opinion and agreed that the purchase price for the last two lots was to be paid four months later, that meant our company would receive the payment a few months later than che original stated time. According to Lhe current price in the international market at that time, our trading company suffered the loss equivalent to 10 percent of the original selling price.

Questions :

(1) What is the relationship between the letter of credit and the transaction contract？

(2) Which proof must the two parties concerned base on when they perform their obligations？

(Translate the case into Chinese and then answer the question)

Helpful hint: It is stipulated in Article 4 of the Uniform Customs and Practice for Documentary Credits that "in credit operations all parties concerned deal in documents and not in goods , service and/or other performance to which the documents may relate" .

A.spare

B.original

C.new

D.advanced

A.ingenuous

B.pervasive

C.democratic

D.original

Originally the White House was gray and was called the Presidential Palace. It was built from 1792 to 1800. At this time, the city of Washington itself was being built. It was to be the nation's new capital city. George Washington, the first President, and Pierre Charles L'Enfant, a French engineer, chose the place for the new city. L'Enfant then planned the city. The President's home was an important part of the plan.

A contest was held to pick a design for the President's home. An architect named James Hoban won. He designed a large three-story house of gray stone.

President Washington never lived in the Presidential Palace. The first President to live there was John Adams, the second President of the United States, and his wife. Mrs. Adams did not really like her new house. In her letters, she often complained about the cold. Fifty fireplaces were not enough to keep the house warm.

In 1812 the United States and Britain went to war. In 1814 the British invaded Washington. They burned many buildings, including the Presidential Palace.

After the war James Hoban, the original architect, partially rebuilt the President's home. To cover the marks of the fire, the building was painted white. Before long it became known as the White House.

The White House is one of the most popular tourist attractions in the United States. Every year more than 1. 5 million visitors go through the five rooms that are open to the public.

The White House was built in Washington______.

A．because a French engineer was invited to design it

B．because President George Washington liked to live in it

C．because the British invaders lived in it in 1812—1814

D．because it was to be the nation's capital city

A.遗传的

B.最初的

C.东方的

D.严格的

A.in a long time

B.in a long run

C.in no time

D.at no time

A.origin

B.originate

C.oriented

D.original